Dismissed¶¶40

Sri Venkoba Rao v. Smt Lakshmi Bai

Karnataka HC5 Dec 2025RSA/1450/2021

Case brief

AI extract

What is this about?

Withdrawal memo; dismissal of second appeal as withdrawn; refusal of liberty to institute fresh suit; Section 100 read with Order XLI Rule 1 CPC; parties are the legal representatives of Late Venkoba Rao (appellants) versus the family of Late Srinivasa Rao (respondents), Karangutte Village, Tekal Hobli, Malur Taluk, Kolar District; underlying litigation O.S.No.287/2007 and R.A.No.64/2014; no findings recorded, no case law engaged; citable only for the procedural fact of withdrawal without liberty.

What did the court decide?

None - appeal dismissed as withdrawn; the requested liberty to file a fresh suit was expressly not granted. ¶¶40

Sri Venkoba Rao Vs Smt Lakshmi Bai — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:51205 RSA No. 1450 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE H.P.SANDESH

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REGULAR SECOND APPEAL NO. 1450 OF 2021 (PAR)

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BETWEEN:

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SRI. VENKOBA RAO

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S/O MANNOJI RAO

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SINCE DEAD R/BY HIS LRS.

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1(a) SMT. SUNANDA BAI W/O LATE VENKOB RAO AGED ABOUT 75 YEARS

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1(b) SMT. MUNNU BAI D/O LATE VENKOB RAO AGED ABOUT 53 YEARS

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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1(c) SRI. NAGARAJ RAO S/O LATE VENKOB RAO AGED ABOUT 50 YEARS

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1(d) SRI. LAKSHMAN RAO S/O LATE VENKOB RAO AGED ABOUT 49 YEARS

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ALL ARE RESIDING AT KARANGUTTE VILLAGE TEKAL HOBLI, MALUR TALUK KOLAR DISTRICT-563130.

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…APPELLANTS

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(BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE)

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2 - NC: 2025:KHC:51205 RSA No. 1450 of 2021

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HC-KAR

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AND:

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SMT. LAKSHMI BAI W/O LATE SRINIVASA RAO AGED ABOUT 56 YEARS

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SRI. MANJUNATHA RAO S/O LATE SRINIVASA RAO AGED ABOUT 39 YEARS

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SRI. NAGESH RAO S/O LATE SRINIVASA RAO AGED ABOUT 39 YEARS

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SMT. GEETHA BAI D/O LATE SRINIVASA RAO AGED ABOUT 32 YEARS

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SRI. RAJA RAO S/O LATE SRINIVASA RAO AGED ABOUT 31 YEARS

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SMT. BHAGYA BAI D/O ALTE SRINIVASA RAO AGED ABOUT 30 YEARS

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SRI. KIRAN RAO S/O LATE SRINIVASA RAO AGED ABOUT 30 YEARS

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ALL ARE RESIDING AT KARANGUTTE VILLAGE TEKAL HOBLI MALUR TALUK KOLAR DISTRICT-563130.

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…RESPONDENTS

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(BY SRI. L.M. RAMAIAH GOWDA, ADVOCATE FOR C/R3)

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3 - NC: 2025:KHC:51205 RSA No. 1450 of 2021

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HC-KAR

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THIS RSA IS FILED UNDER SECTION 100 READ WITH ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.12.2020 PASSED IN R.A.NO.64/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE MALUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.06.2014 PASSED IN O.S.NO.287/2007 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, MALUR.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

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ORAL JUDGMENT

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The learned counsel for the appellants files memo for

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withdrawal of this appeal with liberty to file a fresh suit. In view of the memo, appeal is dismissed as withdrawn with no liberty is granted.

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Sd/(H.P.SANDESH) JUDGE